Important Facts &
Resources
5 THINGS YOU SHOULD DO IF INJURED IN A VEHICLE ACCIDENT
1: Obtain prompt medical care that
fully diagnoses your injuries. Your health is more important than
any personal injury claim or any amount of money. This office has
handled far too many cases in which personal injury victims were
discharged from hospitals when healthcare providers did not even
take the time to employ basic diagnostic tools to learn if their
patients had suffered fractures, herniated disks, or, in one instance,
a life-threatening brain injury. If you've been injured, make
sure you obtain complete health care so a complete diagnosis of
your injuries can be made as soon as possible. This could prevent
complications from arising regarding your personal injury claim,
but, more important, it could prevent further exacerbation of injury.
2: Consult with an attorney, preferably
one who specializes in personal injury law, as to all aspects of
your case as soon as possible. This should be done before you attend
any traffic court hearing (either as a witness or as a defendant)
and before you speak with anyone representing the interests of the
other driver. When you attend your initial attorney meeting, bring
a copy of all automobile insurance policies in your household.
3: Ask your attorney to promptly
determine what "Statutes of Limitations" and "Statutory
Notice Requirements" are applicable to your case.
A "Statute of Limitations" is a state law
that declares that no lawsuit can be maintained unless that suit
is filed within a specified time period. In short, if you are injured
and you wait too long to file a lawsuit, your claim can and will
be dismissed as time-barred. In Virginia, some personal injury actions
have a two-year statute of limitations, but certainly NOT ALL. In
some cases, an injured person must bring a lawsuit in much less
than two years. For example, if one wishes to maintain a lawsuit
for insulting words, he has to file suit within one (1) year of
the words being uttered.
In some cases, often claims against the Commonwealth
of Virginia or one of its counties, there are "Statutory Notice
Requirements" that declare that a victim of someone's negligence
must prepare a written statement clearly outlining certain details
of his claim and properly "serve" that statement upon
a statutorily-designated person in a statutorily-designated manner.
In some cases, these notices have to be filed within six (6) months
of your accident. If these laws are not strictly followed, one's
right to compensation can and will be forever time-barred. Do not
let this happen. Meet with an attorney who can promptly determine
what must be done by when it must be done to protect your rights.
4: Help preserve evidence by taking high-quality,
color photographs as soon as you safely can of (A) the accident
scene; (B) the vehicles damaged in the collision; and (C) all physical
injuries and scarring you may have suffered. A photo is worth a
thousand words to a jury.
5: Get a copy of the Police Report
and bring that with you to your attorney’s office. This document
is not admissible evidence at trial, but it provides your attorney
with information he or she can use in preparing your case.
